A. The defendant misunderstanding the fact that he forced a written confirmation to return the section for common use (hereinafter "the document of this case") and did not return it to the next victim.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, namely, ① the victim consistently went from the investigative agency to the lower court’s court to the Defendant’s court.

“The statement is made to the effect that the content thereof is specific and reasonable, and the explanation of the situation is recognized as credibility. ② The witness I of the original trial: “The Defendant got the victim from the document of this case.”

In full view of the following facts: (a) the Defendant made a statement to the effect that it is not only specific, but also consistent with the victim’s statement; and (c) the Defendant’s assertion that the instant document fell under the her husband C without confirming the content thereof; and (b) it is difficult for the Defendant to easily understand that the instant document was delivered with her husband, the Defendant’s forced possession of the instant document from the injured party and did not return it to the victim.

The defendant's assertion of mistake is without merit.

B. The fact that the Defendant agreed with the victim to determine the unfair argument of sentencing, and that there is no record of criminal punishment except that the Defendant was punished by a fine of KRW 500,000 in 2014 due to the obstruction of business committed prior to the instant crime.

However, the court below seems to have determined the punishment by taking into account all favorable circumstances to the defendant, and there is no change in circumstances that could change the punishment of the court below in the first instance court, and it is shown in the motive, background, means and methods of the crime in this case, circumstances before and after the crime in this case, and other arguments in this case.